DEPT. OF ENVIR. v. OCCIDENTAL CHEM.


288 N.J. Super. 458 (1995)

672 A.2d 1167

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, PETITIONER-RESPONDENT, v. OCCIDENTAL CHEMICAL CORPORATION, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1995.


Attorney(s) appearing for the Case

Capehart & Scatchard, attorneys for appellant Occidental Chemical Corporation (Bruce L. Harrison, of counsel and on the brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent Department of Environmental Protection (Joseph L. Yannotti, Assistant Attorney General, of counsel; Karen Lynn Hershey, Deputy Attorney General, on the brief).

Before Judges MICHELS and STERN.


The opinion of the court was delivered by MICHELS, P.J.A.D.

The final administrative action of petitioner New Jersey Department of Environmental Protection & Energy (Department) that found that respondent Occidental Chemical Corporation (Occidental) failed to immediately notify it of an air contamination release of vinyl chloride monomer, a highly toxic substance, as required by N.J.S.A. 26:2C-19(e) of the Air Pollution Control Act, is affirmed substantially...

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